Constitutional Law 2:

Questions:

1. Distinguished Political law and constitutional law.

Political Law- is the branch of public law which deals with the organization and operations of the
governmental organs of the state and defines the relations of the state with the inhabitants of
its territory.

Constitutional Law-is the study of the maintenance and proper balance between authority
represented by the three inherent and coercive powers of the State (Police power, Power of
eminent domain, power of taxation) as guaranteed under Article 3 of the 1987 Constitution.

2. What is Constitution?

- That body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised.
- It is the written instrument enacted by the direct action of the people by which the
fundamental powers of the government are established, limited and defined and by which
those powers are distributed among the several departments for their safe and useful
exercise for the benefit of the body politic.
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3. Purpose of Constitution
-To prescribe the permanent framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on
which the government is founded

4. Supremacy of constitution.
Under the doctrine of constitutional supremacy, if a law or contract violates any norm of
the constitution that law or contract whether promulgated by the legislative or by the executive
branch or entered into by private persons for private purposes is null and void and without any
force and effect.

5. Classification of constitution.
-Written –the provisions are embodied in a single instrument or set of documents
Unwritten- the provisions are not embodied in a single instrument or set of documents and are
scattered in various sources.
-Enacted (c0nventional) or Evolved (Cumulative)
-Rigid or Flexible
 6. Essential Quality of the written constitution.
-is one whose precepts are embodied in one document or set of documents.
- Constitution of Liberty, Constitution of Government, Constitution of Sovereignty

7. Interpretation of constitution.
-Ordinary words should be given ordinary meaning (Verba Legis)
-When there is doubt or ambiguity in interpreting the provisions of the Constitution, it should be
interpreted in accordance with the intent of the framers (Ratio Legis et Anima)
-The Constitution has to be interpreted as a whole (Ut magis valeat quam pereat)

8. Amendment Or Revision.
-Amendment is the isolated or piecemeal change in the Constitution
-Revision is the revamp or the rewriting of the entire instrument.

9. Two steps of amendment.

-Proposal Stage– Congress, Constitutional Convention, People’s Initiative
-Ratification Stage-

10. Test of amendments.

11. Requisite of Judicial Inquiry.

- Actual case or controversy

- The Constitutional question must be raised by the proper party
- The Constitutional question must be raised at the earliest opportunity
- The decision on the Constitutional question must be determinative of the case itself/Any
such question or issue must be decisive of the case

Today’s session:

Discuss Police power:

Question:

1. What are the inherent power of the state:

- Police Power, Power of Eminent Domain, Power of Taxation
2. What is police power. – the power of promoting public welfare by restraining and regulating the
use of liberty and property.